§ 153-6. Street acceptance procedure.

The procedure for petitioning the Town to accept a street or road shall be as follows:

A. 

Definitions of terms used herein shall be as follows:

ACCEPTANCE

With reference to a Town Meeting, a vote to accept the ownership or control of something being offered, e.g., a gift of land, etc. Also, the second step in the statutory process of establishing, by vote of the Town Meeting, a way over which the Town then has control, the first step being the laying out.

LAYING OUT

A statutory term of precise meaning: the actions of the Selectmen in determining where the boundaries should be for a road or street to be presented to the Town Meeting for acceptance.

ROAD

A general term for a passageway for vehicles and pedestrians. "Road" perhaps connotes a more rural setting and less improvement than "street."

STREET

A general term for a passageway for vehicles and pedestrians, perhaps connoting a higher degree of improvement and more urban surroundings than "road."

B. 

The first step is for the petitioners to present a petition to the Board of Selectmen to lay out the way, said petition to be accompanied by two copies of a road or street plan showing its location in respect to connecting ways and abutting property owners.

C. 

One copy of the petition and the road or street plan is to be forwarded by the Board of Selectmen immediately to the Planning Board. The Planning Board has 45 days to make its examinations and recommendations to the Board of Selectmen.

D. 

The Planning Board shall make appropriate examinations to determine that the proposed way satisfies design specifications as stated in § 153-5 of this article; that the petitioners have properly shown and described the land to be taken, the names of owners and an agreement referring to such plan, signed by all abutters, releasing said land with no claims for damages; and that the locations of public utilities above and below ground, drainage lines, sewers and waterlines are correctly indicated on the plan.

E. 

Upon receipt of the Planning Board report, the Selectmen shall make the final decision whether to lay out the way; and if favorable, a formal determination to lay out the way showing courses and distances shall be made by a vote which appears on the records.

F. 

All owners whose land is to be taken for the way and any other parties as determined by the Board of Selectmen shall be notified in writing at least seven days in advance of the scheduled formal vote by the Selectmen to lay out the way (as in Subsection E).

G. 

The order of laying out shall then be filed with the Town Clerk at least seven days before the Town Meeting at which the Town is to act upon the acceptance of the layout.

H. 

There shall be a proper article in the Town Meeting warrant for the acceptance of the layout and raising and appropriating of any necessary funds.

I. 

There shall be a vote at the Town Meeting accepting the layout and, if necessary, the appropriation of funds.